Independent of criminal law, personal statutes provide specialized civil remedies for interim and permanent spousal maintenance.
1. Hindu Personal Law: HMA & HAMA
- Interim Maintenance (Section 24 HMA): Alimony *pendente lite* (during the pendency of proceedings) and litigation expenses can be claimed by either spouse (wife or husband) who has no independent income.
- Permanent Alimony (Section 25 HMA): A permanent monthly or lump-sum payment granted to either spouse at the time of passing a decree of divorce or nullity.
- Hindu Adoptions & Maintenance Act, 1956 (HAMA):
- Section 18: Provides the wife a right to separate maintenance during her lifetime on grounds of desertion, cruelty, or conversion.
- Section 20: Directs maintenance of minor children and aged/infirm parents.
2. Maintenance of Divorced Muslim Women
Following the Shah Bano backlash, the government enacted the Muslim Women (Protection of Rights on Divorce) Act, 1986:
- Section 3: Entitles a divorced Muslim woman to a reasonable and fair provision and maintenance to be made and paid to her within the Iddat period by her former husband.
📜 Landmark Case: Daniel Latifi v. Union of India (2001)
The Supreme Court upheld the constitutionality of the 1986 Act but ruled that the husband's liability is not confined to the Iddat period. He must make "reasonable and fair provision" *within* the Iddat period to cover the woman's *entire future life* (e.g. a lump-sum payment calculated for her lifetime).